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Ottawa, March 09, 2009
To: Distribution List:
Re: Forbearance from regulation of interexchange private line services – Reminder of 1 April 2009 submission deadline
In Stentor Resource Centre Inc. - Forbearance from regulation of interexchange private line services, Telecom Decision CRTC 97-20, 18 December 1997, the Commission forbore from the regulation of certain interexchange private lines (IXPL) on a route specific basis.
In Follow-up Proceeding to Telecom Decision CRTC 97-20: Establishment of criterion and process for considering further forbearance for high Capacity/DDS interexchange private line service, Telecom Order CRTC 99-434, 12 May 1999 (Order 99-434), the Commission established a process for considering further forbearance for high capacity/digital data services (DDS) interexchange private line services (IXPL services). In Order 99-434, the Commission directed the competitors of several incumbent local exchange carriers (ILECs) to file a report with the Commission, on April 1 and October 1 of every year, serving a copy on the relevant Companies, which identifies the IXPL routes on which they provide, or offer to provide, IXPL services to at least one customer, at DS-3 or greater bandwidth, using terrestrial facilities from a company other than the ILEC or an affiliate of the ILEC. Based on this evidence, and without further process, the Commission expected to quickly issue determinations granting forbearance on the routes in question
In TELUS Communications Inc.'s request for audited competitors' interexchange private line route reports, Telecom Decision CRTC 2005-42, 29 July 2005, the Commission directed that each future semi-annual IXPL report be signed by an officer of the company submitting the report, attesting to its accuracy and completeness.
This letter serves as a reminder that all competitors, including out-of-territory affiliates of the ILECs, Broadcasting Distribution Undertakings (BDUs) and BDU affiliates that provide telecommunications services, and hydro electric entities with telecommunications operations, are to report all of their IXPL routes that meet the forbearance criterion established in Order 99-434, by 1 October 2008, and to serve a copy on the relevant Companies. Reports are to include all routes that a competitor may have previously reported as part of the semi-annual filings pursuant to Order 99-434. Commission staff notes that reports that do not include all relevant routes, including new and previously identified routes, will be required to be re-filed. Also, in accordance with Telecom Decision CRTC 2005-42, the reports have to be signed by an officer. Finally, they have to be submitted electronically for posting on the web.
Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.
In addition, ILECs, BDUs and hydro electric entities are reminded to refer to the Commission's correspondence of 16 March 2006 ( http://www.crtc.gc.ca/eng/archive/2006/lt060316.htm ) regarding the use of the Commission Data Collection System (DCS) to report IXPL routes over which IXPL services are provided or offered that meet the criterion established in Order 99-434. Since the 1 April 2006 report, competitors of the Companies are required to use DCS form 243 to report their IXPL routes pursuant to Order 99-434. Note that the use of DCS form 243 does not eliminate the requirement on competitors to serve each semi-annual IXPL report on the relevant companies.
Any questions with regard to the operation of the DCS can be directed by e-mail to firstname.lastname@example.org or by telephone at (819) 997-4597.
Original signed by
Competition Implementation and Technology
cc.: Jeanne Lacombe
Senior Analyst, Competition Implementation and Technology – Telecommunications
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